JlMl (ilass Book . V^ It SPEECH M. THOS. ROSS, OF PENNSYIVANIA, THE ADMISSION OF CALIFORNIA. DSLivcasv IN THE BOUSE OF REPRESENTATIVES, APRIL 10, 18S0. WASHINGTON: ?amTKD A,T THE CONGRESSIONAL GLOBE OPFICK, 1850. s tjC^Clf AJ ADMISSION OF CALIFORNIA 1:1 Committee of tlie Whole on the state of the Union, on the President's Message communica- ting the Constitution of California. Mr. ROSS said- Mr. Chairmax: It was my intention to take no {•.art in this discussion; but as I do not concur with eny one of my colleagues who have addressed the committee, in the views which they have expressed, I deem it proper also to offer some remarks upon the subject now under consideration. Beside, I feel that it is a duty which I owe my constituents, to explain to them the position that I occupy on this exciting and most momentous question. I do r.ot intend, sir, to submit any elaborate argument on the constitutional point, which has already been the subject of so much discussion; but, as I have no wish to conceal from my constituents any opinion I entertain, it is but just to them to say, that I have given that question an anxious and deliberate consideration, and that, in my opinion. Congress has no constitutional power either to establish or to prohii)it slavery in the States or ter- ritories. And I will further say, that even if Con- gress had the constitutional power, it would be un- wise, inexpedient, and highly improper to exercise that power. In justice to myself I will, in a few words, give ny reasons for this opniion. Each State was an independent sovereignty w.hen she entered the Con- federacy, so far, at least, as regarded the objects cf property, and the domestic and social irstitu- tions of her people; and she surrendered no part of that sovereignty by becoming a member of the Union. TheGenera! (Government was established for certain specified olyects, and its powers are limited by the constitutional grant which created it; but to the States themselves belong all powers not expressly delegated, or which, by necessary! implication, do not arise from some express grant, | At the time of the adoption of the Constitution, negro slavery, I believe, existed in all the States but one, which then formed the Union; and no power was given to the General Government to con- trol, regulate, prohibit, or establish slavery. That power, not being granted, v.-as vested in the States themselves. The Constitution, however, recog- nised slavery as one of the institutions of the country, and made provision for the protection of slave property. There was no grant, therefore, of power of any kind on the subject of slavery made by the States to the General Government; but there was a binding obligation entered into by the free States, or by such as might becoriie free, that the GeneralGovernment should protect slave property. It seems to me, therefore, that as the States dele- gated to the General Government no power of any kind over the question of slavery, Congress, which derives all its powers from the Constitution, pos- sesses no authority either to establish or prohibit slavery in the States or territories. In regard to ! the territories, Mr. Chairman, the General Govern- I ment is but the trustee of the States; and it has no I power to make any rule or regulation which will ( throw open the territories to settlement by the peo- j pie of one section of the Union to the exclusion of j the people of another section. The beneficiary i interest of the territories is in the people of all j the States — slave States as well as free; and the General Government, as the trustee, is bound to execute the trust for the common benefit of all. j Any legislation by Congress, prohibiting slavery I in the territories, would, therefore, be not only an I assumption of power not delegated, but would be I a violation of the trust, which the Constitution I vested in the General Government. But, sir, I further hold that, the General Govern- ment has no power to prohibit, by any legislative I act, the introduction into the territories of any species of property which the Constitution of the United States has recognized as property. Prep- j erty in slaves is not only recognized by the Con- : stitution, but guarantees are given for its protec- tion. The power, therefore, which is given to j Congress by the third section of the fourth article, j to make "all needful rules and regulations respect- ing the territory or otlier property belonging to the United States," is merely a right to regulate, but not a power to abolish that v/hich the Constitu- tion has recognized as property. An obligation to protect or regulate, gives no power to prohibit or to destroy. And thus, while we have the con- stitutional power to pass laws for the protection and regulation of slave property in the territories, we have no power to make any legislative enact- ment for its prohibition, whether in the States or territories. In a word, sir, the Constitution of the United States is the Constitution of the terri- tories, and as that Constitution recognizes the right of property in slaves, any prohibition by Congre.ss of that right would'be in violation of the Consti- tution, which is the supreme law of the land. But, sir, this system of slavery involves not merely a question of property. It is a domestic institution, interwoven with the social system of one half of^ the States of this Confederacy. I have. just expressed the opinion that, viewed as a ques- tion of property alone, legislation by Congress in regard ton is unconstitutional; but when viewed in its true light, as a domestic institution, lying at the foundation of the social system of six or seven millions of the people of this country, I cannot hesitate in pronouncing all lejjislation by Congress for its prohil)ition a usurpation of power never delegated, and a clear violation of the spirit and meaning of the Constitution. Sir, tiie Constitu- tion was not formed for the purpose of controlling, or interfering with the domestic or social institu- tions of the people of any of the States. No such power is conferred by the States on the General Government in any part of that instrument. This Union never would have been formed, if such a power had been attempted to be delegated to the General Government. No class of people in any part of the Union would have been willing to sub- ject their domestic institutions to the control of a mere sectional majority, which might, in the lapse of time, prevail in this House. 1 think, sir, it is an undeniable proposition, that whatever social system or domestic relation, not forbidden l)y the Constitution, the people of this country see proper to adopt, the people of the territories may also adopt or reject, as may eeem to them the more ex- pedient. Pennsylvania, and each one of the fifteen free States of this Union, may reorganize their social institutions at any time, and introduce this system of domestic servitude. There is nothing in the Constitution of the United States to prohibit it. I know that this will never be done, for no free State will inflict so great an evil u[)on her people as to introduce negro slavery; but they have the constitutional power, if they see proper to ex- ercise it. If, then, all the thirty Slates of this Confederacy may adopt this system of negro servi- tude without any violation of the Constitution, I am at a loss to understand in what part of that in- strument Congress finds its power of prohibition in the territories. The power to make rules and regulations respecting the properly of thf^ United States in the territories, conftrs no authority to prohibit or abolish any social or domestic relation ef the people not in violation of the Constitution. If it be unconstitutional in Congress to prohibit this domestic institution in the Slates, it is equally unconstitutional to prohibit it in the irrriiories. Congress htis no delegated f)ower in either case, under the Constitution; and 1 can see no difference in principle between the States and territnrie.s as to the power of Congress over the domestic insti- tutions of the people. i know, sir, that iliere are legislative precedents for the exercise of this power by Congress; but precedents, not founded on any consiitutioiuil authority, can and ought to have no binding force, either here or in courts of law. They have al- ways been, in every Government, and in every age, the [dea of tyrants for usurpation of power, and for encroachments on the rights of ihc people. It has Ijfcn truly said, that a precedent cm never sanctify error, or perpetuate usurpation. In a constitutional Government, such as ours, where the powers of the General Government are clearly defined, no act or repeated acts of Congress, can cither enlarge or restrict those powers. There is, indeed, no doctrine more fraught with evil, than the one which would place the exposition of con- Blitutional power in the hands of Congrrss. it la a doctrine, sir, which tramples under foot all con- stitutional guarantees, and makes the unrestrained will of a majority of this House the supreme law of the land. The history of the legislation of this country filrnishes precedents in abundance, of the most dangerous heresies, which could be intro- duced into the Government. We have precedents for alien and sedition laws, for national banks, for internal improvements by the General Govern- ment, and for many other heresies, which the ad- vocates of a latitudinarian construction endeav- ored to ingraft upon our Constitution. Power is always stealing from the many to the few; and in a Government with limited powers, no better plan could be adopted for enlarging those powers, than by making legislative precedents the rule for deter- mining the extent of constitutional authority. It is the duty of us all — but it is emphatically the duty of the Democratic party — to repudiate all legislative precedents for the exercise of pow'er not granted to Congress by the Constitution. Entertaining these views, the oath, which I have taken to support the Constitution, imposes upon me the duty to vote against all attempts tliat may- be made to legislate slavery either in or out of our territories, or north or south of any degree of latitude, which may be proposed. Under no cir- cumstances, sir, can I give my vote in favor of the Missouri compromise line, which would be virtu- ally legislating slavery into all territory south of that line. I stand upon the broad constitutional platform of noninterference; the only platform on which the rights, security, and indepeiidenceof the States can be maintained. But, iWr. Chairman, I will leave this constitu- tional point, and ask the attention of the committee to other matters connected with the question under consideration. It can no longer, sir, be disguised, that this slavery agitation has now assumed a fearful a.^pect. The danger, with which we are threatened, is not of recent origin; it has been gradually and steadily approaching for years past, though it has been greatly accelerated by recent poli- tical events. The two antagonist elements, which were combined in our Constitution, have been war- ing against each othereversince its formation. The time has now come when the danger must be met face to face; and upon tliis body is devolved the high and solemn responsibility of meeting it. It must not be met by palliatives, by expedients, or by any system of political quackery, knovin by the name of compromises. No, sir; the day for shifts or exply be sooner or later demanded. Such has been the effect of the Mi.ssouri compromise, and such will be the effect of all eompromi,^.e8 of constitutional power. I am opposed, ssir, to all compromises of this qiustion. 1 am in favor of meeting it on broad constitutional ground.*', with the solemn declaration of this Hdusc, (hat Con- gress has not the cfiisiitutiona! power to legislate in regard to it. If such a resolution could bo 5 adopted, it would strike at the root of the evil at j Why, then, was it, that, with a clear Democratic once; and it would relieve the country from the \ majority in this House, his election did not lake agitation of a question which is already surrounded \ place on the first vote ? And why v/as it, that the with so much danger to the peace and stability of ; voting was prolonged for twenty days before we •he Union. No one can be insensible of this || succeeded in the election? Simply because our innger. For my own part, I believe that the peril jj candidate came from a southern State; and north- i3 more imminent than it has been at any former \\ ern Democrats, who boasted of their Democracy, period of our history. Dissolution may not occur j: refused to support him— for that reason, and that this year, or the next; but it docs not require the |l alone. This fact is significant enough of the prog- gift of prophecy to foretell that it will come sooner or later, if these aggressions upon the domestic institutions of the South are persevered in. It is a lamentable fact, that the people of the North and of the South, unmindful that they are children of' ress, which sectional feeling had made in northern constituencies, even before the meeting of Congress. It was the first time in the history of the Demo- cratic party, that a northern Democrat refused to support a southern Democrat because one lived the same revolutionary parent, begin already to j north, and the other south, of Mason and I ; and it is an [. on 'a line; and I hope it will be the last. Sir, of Mason and DiX' look upon each other as enemies; and it is an li on 'a line; and I hope it will be the last. Sir, we equally c'eplorable fact, that those holy feelings of j would have wholly failed in the election of a love and veneration, which the people of both ij Speaker on Democratic grounds, if the Whigs had sections of our common country, but a few years Ij not, in the simplicity of their hearts, rescmded the ago, entertained for this blessed Union, are grad- |i rule requiring a majority of the votes to elect, and ually dying out, and in a short time will be wholly ; in its stead substituted the plurality rule; and that extinguished. Sir, here lies the danger. I know : result would have been produced because northern thai the North is full of strength and of vigor, and j| Democrats would'not vote for southern Democrats, may compel her weaker brother of the South to ji But was there no sectional feeling manifested by 'submission. But the first blow that is struck— ii the South, when the election of Clerk of the House the first blood that is shed will seal the doom of ij took place? The one, the Democratic candidate, that peaccf:;il and glorious Union which our fathers ij resided in the North, and the other, the Whig can- bequeathed to us. Sir, this Union is not. an iron- jj didate, resided in the South. Did the southern bound Union, which Uie hand of power and of {^ Democrats adhere to the Democratic candidate? violence may maintain. No, sir, the tie which jj No, sir, they even did worse than the northern unites us is a silken tie— it is the tie of mutual j' Democrats, who refused to vote for a southern love and mutual sympathies— of common memo- jJ Democratic Speaker. They not only abandoned ries of a glorious past, and of common hopes of a ii the Democratic candidate, but they abandoned the still more glorious future. When this tie is broken, ii Democratic party, joined the Whigs, and by their the Americ.in Union will exist no longer. The j votes elected the Whig southern Clerk in opposi- written bond of the Confederacy may remain, but ;■ tion to the Democratic northern clerk. Colonel its vitality will be gone. We will have the crushed i' Forney, our candidate, was the favorite of the De- and battered, body, but the soul— everything in- jj mocracy of the North; he had always been the deed, which gave life and spirit and value to that ij eloquent champion of Democratic principle.^, and body, will have fled forever. '] he had courageously stood by the Constitution in Let no one be deceived in regard to this danger, i defence of southern rights against northern aggres- We are even now passing through the first process jj sion. But still this sectional feeling overpowered of a dissolution of the Union. This House has 'j all other considerations, and he was struck down been already told, that the religious union of two !, by the South for the sake of the South, [advert, of the most numerous denominations of Christians ii Mr. Chairman, to these elections with no unkind has been dissolved by thir; slavery agitation. The j| feelings. My object isto show to what extent northern member of thase denominations will no longer v/orship his God at t!ie same altar with his southern brother; and we have been also told, that the same spirit of disunion has entered the sanc- tuary of other churches in the North. Sir, not only is our religious union being dissolved, but the iiolilical union, which, for more than fifty years. this sectional feeling, which is but the forerunner of disunion, has been carried even here in the le- gislative hall of the nation. But, this feeling has not merely manifested itsdf in these elections. Who, sir, that loves his country, ran forget the terrible scene, which was exhibited in this Ohraii- ber, on the 13th of December last, in which the united the Democrats of the North and of the South j; honorable member from Georgia [Mr. Toombs] from his political brotherof the South, in the same i; always will stand by it, come what may; and if a manner that sectional fanatici.=;m has estranged the Christian of the North from his Christian brother of the South. Sir, the proceedings of this Con- gress, since the first day on which we assembled, prove clearly that an evil spirit is at work, which will ullim.ately bring, not only upon our party, but our country, ruin and disunion. Why, 1 ask, were thunderbolt had fallen at my feet, I could not have been more shocked than I was at what I then saw and heard. The honorable member did not hesi- tate " to avow before this House and the country, ' and in the presence of the living God, that if by ' your legislation you seek to drive us from the Ter- ritories'of California and New Mexico, purchased we four weeks endeavoring to elect a Speaker of ji ' by the common blood and trea..ure of the whole ihis House? Our candidate was a Democrat, reg iilarly nominated by a Democratic caucus, unob- jectionable to any member of the party on politi- cal grounds, and as to his personal fitness for the office, his political opponents even conceded it. ' people, and to abolish slavery in this District, ' thereby attempting to fix a national degradation ' upon half of the States of this Confederacy, I am 'for disunion; and if my physical courage be equal ' to the maintenance of my convictions of right and 6 ' duty, I will devote ail I am and all I have on earth ' to its consummation." Sir, how was this language received ? With cries of treason I treason ! No, sir; no cry of treason was uttered, but shouts of applause echoed through the Hall. Those plaudits, on that mem- orable occasion, came not from the galleries, but from honorable, distinguished, and prominent members of both the political parties of the country. The sentiment uttered was not the sentiment of the honorable member alone. The response which it received from southern representatives, showed that it was the sentiment of the South; and no sooner had the sound of his voice reached the Bouthern States, than it was echoed back with legislative approval. I know that the Free-Soil men. and the people generally of the North, have viewed this as the language of a zealous and im- passioned man; but in this they are mistaken. If the proviso become a law, they will find that the sentiment uttered by the gentleman from Georgia will be the all-pervading sentiment of the South. It has been repeated again and again on this floor, by other southern representatives; and to this hour, no member from any section of the South, whether Whig or Democrat, with one solitary exception, [Mr. Stanly,] has disavowed that sen- timent. Grave Senators and representatives, who have always been distinguished for their prudence and moderation, and for their sincere attachment to the Union, have also solemnly warned us, that if the proviso become a law, the Union will be at an end. Sir, is it not time for the people of the North to take heed of these warnings? Is it not time that they, too, begin to calculate the value of the Union — not in that pecuniary spirit, which esti- mates its value in dollars and cents, but in that spirit of patriotism, which, looking far beyond its commercial value, estimates it by the many and great blessings it has already conferred upon man- kind, and by the countless blessings it is still des- tined to confer upon generations yet unborn. Is it not time for them to pause and inquire, how long they can teach from their pulpits, and their school- houses, that the institutions of the people of one half of this Confederacy are sinful and wicked, and at the same time the union of these States con- tinue. But, sir, for what object is the Union thus placed in jeopardy .' Is it for the purpose of still furtiier enlarging the liberty of the citizen and obtaining new guarantees for his rigiits? Is it for the pur- pose of effecting, by constitutional means, some great constitutional reform ? Is it for the purpose of effecting any object demanded by any great public exigency whatever ? No, sir; but it is for the miserable object of doing that by human laws which nature, and a higher Power than any earthly tribunal, has already done. So far as regards the Territories of New Mexico and Utah, nature her- self has interposed barriers against the introduc- tion of slavery, far more formiduble and prohibi- tory, than any legislative enactment by Congress could possibly be. The whole of the country embraced in these territories is a high mountain re- gion, with no adaptation in soil, climate, or pro- duction for slave labor. The adoption of the Wil- mot proviso for these territories would have about as much practical effect in preventing the extension of slavery therein, as it had in the Oregon Terri- tory, or as it would have in Canada, whenever the people of that northern clime ask to be annexed to the United States. It was stated, in a speech delivered a few days ago by a distinguished Sen- ator, [Mr. Dorr.i.As,] on the authority of Fre- mont's explorations, that the lowest point in the lowest valley of the Great Basin, as marked on the map of those explorations, is more than four thousand feet above the ocean, and that the aver- age elevation of the valleys is at least five thou- sand feet. Why, sir, what better anti-slavery proviso can the most ultra free soiler desire, than the one which nature herself has enacted? " When ' you ascend toward the heavens, twice as high a3 ' the Alleghany mountains, in order to get into ' valleys surrounded by mountain ranges many ' thousand feet higher, and covered with eternal ' snows, do you not think (asks the distinguished ' Senator) that you have found a charming coun- ' try and a lovely climate for the negro, and es- ' pecially for the profitable employment of slave ' labor?" Sir, it is time that the honest-minded portion of the community, who are sincerely op- posed to the extension of slavery, should look at this question in its true aspect. If they do. 1 feel certain, that they will no longer sufl!'er themselves to be used for the purpose of promoting the selfish and political objects of a few designing and ambi- tious men. Fanaticism itself, it seems to me, must be convinced that slavery could not even be driven^ by lejislation, into the Teiritories of New Mexico and Utah. Sir, I do not believe that slavery would, under any circumstances, have been introduced into any of the territories acquired from Mexico. The valleys of the Sacramento and San Joaquin, in Cali- fornia, were the only places to which, by a mere possibility, it might have been extended. But the Giver of all good, in whose hands are the desti- nies of nations, has, in his infinite wisdom, so controlled human events that every part of Cali- fornia is now, and will forever remain, fr?e soil. The discovery of the gold, and the consequent rush of emigration from the free States, has for- ever closed her doors against the admission or* slavery. Yes, sir, California is already free by the unanimous consent of her own people, and that, too, without the aid or interference of the Free-Soil party of the country. Her soil will be free soil whether she be admitted as a State or be remanded to a territorial condition. No legisla- tive action by Congress can change her destiny. Fiee she has become by her own act, and free she will remain; and I rejoice that she owes not her freedom to the Free-Soil party in this House. I know that southern gentlemen deny that the con- stitution of California was the voluntary act of her people, and that they allege it was the act of the administration of President Taylor. Sir, I con- cede that there was a highly improper and un- warrantable interference by the Administration i.i regard to California; and that, perhaps, without that interference, this State government would not have been formed. But it i's nevertheless the vol- untary act of her people, although the suggestion to do that act first came from the Administration. If it be not the voluntary act of the people, why is it that no remonstrance has been sent up to this House ? Why is it that no complaint of any kind has been made by any one? Because there is no dissatisfaction among her citizens in regard to that act. But I have other objections to the adniission of California as a State. It occurs to me, that if it were not for the influence, which this slavery question exercises over the minds of us all, not twenty gentlemen could be found in this House who would vote for her admission. The territory embraced by the proposed State of California contains nearly four times the number of square miles, which either New York or Pennsylvania possesses. Pennsylvania has a territory embra- cing nearly forty-seven thousand square miles, and New York has about the same number. But California is seelcing admission with a territory which may be estimated to contain about one hundred and seventy thousand square miles; and she has a sea coast of nine hundred miles, or thereabouts. In addition to all this, she in- cludes within her limits every harbor which we have on the Pacific. Why, sir, admit her with iier present extended boundaries, and she will be an empire ! No one, who looks forward to the future, when a dense population will fill her bor- ders, can doubt v/hat will be her destiny. With her varied and rich mineral productions, her splendid and unrivalled commercial position, with the trade of the eastern and western world falling into her lap, her population will increase with an acceleration unprecedented even in this country. That destiny will then be separation from the Union, and the formation, out of our territories west of the Rocky Mountains, of a separate west- ern confederac)'. I am aware that it has been said, that a great part of her soil is barren, and will be unproductive, and that therefore she will be incapable of sustaining a large population. But whatever may be the fact in regard to her soil, it is manifest that, with her immense valuable mineral productions, she will sustain a population much larger than a merely agricultural territory could possibly do. Sir, we all know the pre- ponderating influence of large States. In 1844, the Whig party felt sensibly the weight of the empire State of New York, whose thirty-six elec- toral votes crushed their hopes and destroyed their candidate. And in 1848, the Democratic party, with a candidate distinguished for his patriotism and sound American feeling, for his abilities and long-tried services in the councils of the nation, and for his pure and constitutional Democracy — I say, that with such a standard-bearer the Demo- cratic party was for the time struck down by the twenty-six electoral votes of Pennsylvania, which she cast for the no-party President. The three States of New York, Pennsylvania, and Ohio, poll nearly two-thirds of the electoral votes neces- sary to elect a President; and if we add Virginia, we find four States of the Union wanting but two of three-fourths of the vote requisite to elect a candidate. Does not this simple statement strong- ly exhibit the dangerous power which belongs to large States ? We have thirty States in the Union, and of these four alone can, from their extent of territory, poll three-fourths of the vote necessary to a choice. By a combination with each other, their power, in every Presidential election, would be irresistible. The preponderating influence of large States is felt not only in our Presidential elections, but in the councils of the nation, and in everything, that appertains to the Government of the country. Sir, I think it is unwise to extend this power by admitting California with a terri- tory nearly four times as large as any one of the four States I have named. The smaller vre make the States on the Pacific, the greater will be our security against secession. If I were influenced by the slavery question, in my objection to the admission of California, I would take the ground that by dividing her territory we would have two free States instead of one, and four Senators in Congress instead of two, and thus strengthen the power of the free States in the legislative depart- ment of the Government. But there are other objections to the admission of California, beside the extent of her territory. Has she served the probationary period, which has heretofore been required of all our territories.' Has her population in one year become sufiiciently indoctrinated in republican principles to entitle them to the inestimable rights, privileges, and im- munities enjoyed by a State government? I am afraid not, sir. A large portion of her population consist of foreigners, who have never had a repub- lican training. It is well known, that on the dis- covery of the gold, persons from every part of the world flocked to California, and that the Pacific coast and islands sent forth their thousands. To say, sir, that such apopulation, composed of every hue, and brought together from every clime, were fit persons, in whom to vest that high attribute of freemen, the elective franchise, is what I cannot understand, and do not believe. The high privilege of becoming one of the sovereignties of this great Confederacy has never been so lightly granted. Michigan was erected into a territory, January 11, 1805; but she was not admitted as a State until January 26, 1837 — more than thirty-two years after her territorial government had been established, notwithstanding she had three times memorialized Congress for admission; and, sir, when she was finally admitted, she was allowed but one repre- sentative in Congress. And how was it in re- spect to Florida ? A territorial government was established in March, 1822, but she was not ad- mitted as a State until March, 1845, twenty-three years after she had been created a territory, al- though she had knocked four times at your doors for admission. Even then, she was allowed but one representative in Congress. I might run through the list of all our territories, and show, that in every instance, they served a probationary term before they were admitted as States; but my time will not permit me to do so. Why, sir, should this salutary rule be broken down in favor of Cali- fornia.' In my opinion, a rigid enforcement of it is more necessary, in regard to California, than it was in other cases. But, Mr. Chairman, what was the population of California when this constitution was formed, and what is it now ? When I speak of population, I do not mean gold-seekers and other adventurers, who have gone there for a temporary object; but what is the number of her resident population .' No one can tell. But one fact we do know, and that is, that the whole number of votes polled was only about twelve thousand eight hundred, and that, too, without any regard to residence or any other qualification of the voter. No single district in Pennsylvania, or in any other State, that polls only twelve thousand eight hundred votes, is enti- tled to even one representative in Congress. My own district polls more than sixteen thousand votes. But California is to be admitted as a State, with two Senators and two Representatives, when 8 her entire vote oo!le4 was but twelve thousand eioht hundred. Tlie admission of California, under ail these circumstances, will not only be a vioietion of every rule, by whicli we have been heretofore governed, in the titlmission of States, but will be an act of (ijieat injustice to the oMier Slates, who have for so many years borne all the burdens and the perils of the Government in its most trying period. It will be a precedent for ihe admission, at the next session, of New Mexico, Minnesota, and Utah; and will thus break down that principle of fair and equal representation, which is the corner- stone of our republican system of Government. Much, sir, as I arn opposed to her admission, I wil' nevertheless be compelled, by the wisiiesof my constituents, whose will I dare not disregard, to rote for the bill now before the committee, unless their opinions should undergo a change before the .Inal vote be taken. I have no right, as a repre- sentative, to set up my own judgment against the opinions of my constituents. U lias been my object to show, that California, New Mexico, and Utah, are destined to be free soil, without any legislative action by Congress. Why, then, sir, should the Union be shaken to its centre by ilie agitation of this slavery question .' Why, air, should these persevering and systematic efforts be made to estrange one section of the Union from the other, and to alienate those who ought to be bound together by fraternal aft'cction ? The answer is plain: One class of these agitators desire to break down the national Democratic party, by the formation of a new party, founded on geo- graphical divi.siona, and thus rise to power and to plane; and the other class, composed exclusively of Abolitionists and fanatics, are determined to abolish slavery within the States, at whatever aacritice, it may be accomplished. The immortal Washington warned us " to distrust the patriot- ism of those who, in any quarter, might endeavor to weaken the bands of the Union." With him the continuance of tite Union, was a primary ob- ject of patriotic desire, and he charged us " to 'cherish a cordial, habitual, and immovable at- ' tachment to it, and indignantly to frown upon the 'first dawning of every attempt to alitnate any ' portion of our country from the rest, or to en- ' lee')le the sacred ties which now link together ' the various parts." The Father of our country foresaw at that early day, the dangers to which the Union might be exposed, and he warned us, in the most solemn and emphatic manner, to frown upon the very first dawning of any attempt to alienate one Roction from the other. And how have we attended to hia it:j unction .' Scarcely rnorc than fifty years have passed away since this solemn charge was given to us, and already sectional jeal- ousies and geographical discrimination a are bringing forth their bitter fruits. Thefiml d.-nvning of aliena- tion has long since disappeared, and the lurid glare of di.sunion now sheds its sickening and dism-al light around us. Sir, if my colleague, [Mr. Stevems,] when he addressed the committee, had raised his eyes to the j)ortrait of Washington, v/hich hung before him, he would tiave seen it indignantly frov^ning at his ignoble attempt to excite one section of the Union against the other; or, if the heart of that member had throbbed with «ven one patriotic impulse, he would have shrunk back to his seat covered with shame and remorse, for hia libel upon the government of his country. Sir, I envy not the feelings of any one, who can rise in his place, and in a deliberately preptared speech, pronounce the Government of his country, a despotism. I envy not the man, who can thus defame the memories of Washington, and Frank- lin, and Madison, and of the other sages and patriots of the Revolution, by whom this Constitu- lion was fornred. No, sir, I envy no such man; and I would leave him alone in hia shame, if a sense of dety did not require me to notice some other passages of that most extraordinary speech. In referring to the course of the South, that mem- ber has dared to speak of his Democratic colleagues in the following indecent and insulting language: " You liave more tlimi once frightened the tame North fiom its propriety, and (bund "dniightHces" enongii to be your tool:!. And when youlacked a !;iven nunibi-r, I take no pride in s;iyine, yon were. sure to find lliem in old Penn- sylvania, wtio, in fornjer years, has r.tnked a portion of tier delrgation among your most submissive shivf s. Buti hope, with some fears, that the race of doughfaces is fxlinct. I do not see how it could well be otherwise. Tlify were an unmanly, an unvirile race, incapable, according to the laws of nature, of reproduction. 1 hope tliey have left no de- scendants. % The old oijps are deep in political graves. For them, [ arn sure there u no resurrecuon, for they wen soulless." Dut ho even v/ent still further, and denounced every northern nnan, who did not vote for the sla- very restriction, " as a traitor to liberty and recreant to his God." Sir, I may well ask wh.ether this is the representative hall of the nation ? whether we are the free Representatives of a free people, or the " submissive slaves" which my colleage has charged that we are? for surely language so offen- sive, and impudence so unblushing, have never be- fore been seen or heard, in any respectable assem- blage of men. I know, sir, that it should be treated with the acorn and contempt which every honorable mind must feel for its author. It is an old proverb, and as true as it is old, that the bad tongue of a bad man can defame no one. Penn- sylvania knows that member. With deep liumilia- tion she acknowledges the acquaintance. His history has been th.e history of her wrongs and her misfortunes. But, sir, the memories of the past have long since placed an imp.assable gulf between him and her. She has affixed a brand upon him, as deep and as indelible as the wrongs which she suff^ed at his hands were grievous and intolerable. Yes, sir, his dayof mischief there has passed, and the Democracy of Pennsylvania may v.-ell laugh to scorn his viilg>ir, indecent, and unmanly abuse, not only of her own Representa- tives, but of her southern brethren also. In a mind constituted as is that memlier's, no doubt some apology may be found for this extraordinary speech. If, sir, I had ever been an applicant for a high ofSce under the General Government, and had been defeated by the South, in consequence of my abolition tendencies, perhaps, I, too, might speak of the South with equal bitterness. If, sir, I were so degraded in feeling as to desire to raise the negro to social and political equality with the white man, perhaps, 1, too, might denounce the slaveholder as recreant to hia God. If, sir, I were so insensible of the dignity of my position, and so lost to all sense of propriety as to be res;ardles3 of what was due to my colleagues, and to this House, perhaps I, too, might stigmatise as doughfaces every one, who did not think as I thought, and vote as I voted. Or if, sir, I had been, on any oc- casion, a traitor to liberty, and had, by force of 9 arms, endeavored to treat an election, as if it had never taken place, perhaps I, too, might denounce as traitors every northern Representative who stood by the Constitution of his country. But, j Bir, therr )' one thing I could not do: I could not rise in my jilac'^, and utter these aenliments, just ' after I had voted for a slaveholder for President, in preference to a candidate who was born, edu- cated, and lived on free soil; and in preference to another candidate, who was the embodiment of the principles which I professed. Nor, sir, could I rise in my place and so defame the character of good old Democratic Pennsylvania, as to represent that she participated in any such sentiments, if I did, it would bring a deeper blush into my cheek than the address of the gentleman from Virginia [iMr. Meade] brought into the cheek of the honorable member from Penn.^ylvania; and he, sir, has never been very remarkable for blushing. No, sir, Pennsylvania entertains no such senti- ments or feelings. Her voice is coming up daily to this House, in tones of condemnation of the course pursued by ray colleague, and the Free-Soil and Abolition party of the North. No son of hers, who had been born upon her soil, and had breathed in early life her pure mountain air, would have given utterance to such sentiments. Sir, the Democratic party of Pennsylvania has aUvays stood by the Union in its hour of peril, as well as in its day of prosperity. That party has never recognized any geographical discriminations in favor of one section of the Union against the other; and I am proud to eay, that now, when danger again threatens, that party and that State are the first to come forward to the rescue. Yes, sir, and I feel still more proud, that the stout-hearted Democracy of rny own gal- lant Lehigh was foremost to rally in defence of the Union, against these incendiary attempts to trample upon the Constitution. But, I will pass to a subject of more importance than the member from Pennsylvania. We have heard a great deal said about the ag- gressions of the two sections of t'le Union on the rights of each other. I propose, sir, to consider the question, by which section those aggressions have been made — by the North or by the South. The history of the country, from the adoption of the Constitution, shows that the people of the North have been tiic aggressors. 1 knoviT that it has been the constant theme of the Federal party and of Federal editors, for some j'cars past, to im- Eress upon the people of the North, that the South as been aggressing upon their rights; and the question has been tauntingly put to us, svhelher we will longer submit to southern dictation and south- ern rule. Sir, this feeling was first deliberately inculcated when the Democratic party of the Soutli began to warn the country of the errors and the evils of a protective tariff. The Federal party had always inculcated it, for the plain reason, that the South was the strong-hold of the Democracy: and it was only by arou.'-ing sectional jealousy and ar- raying the North against the South, that the Fed- eralists could expect to break down the Democratic parly of tlie Union, and thus secure to themselves the control of the Government. Divide ard con- quer was their principle of action. But the De- mocracy of the North fetood firm, and resisted all their attempts to separate them fiorn their political brethren of the South. It was not until the pro- tective system, with all its abominraiona, was about to be swept away, that any portion of the Demo- cratic party of the North sympathized with the Federalists in their sectional hostility. It was ihen, before the eyes of the Democrats were fully opened to the enormities of this protective system, that th.e cry of southern dictation was raised with re- doubled energy by the Federalists; and then, for the first time, it found favor with a portion of the northern Democrats. They joined the Federalists in their cry against the South, in order to preserve that system of laws, which protected the manufac- turing interest at the expense of every other inter- est of the country. Sir, from that day to this, the Federalists, Abolitionists, and the great body of the manufacturers of the North, have rung the changes so often upon southern aggresaioii, that unreflect- ing men have begun to befieve there was something in it. But when has the South ever aggressed upon the North? — or when, by any legislative enact- ment, has she ever infringed upon their rightg, privileges, or social institutions? No such attempt by theSou;n hasever been made. 'I'he history of our legivslalioi shows, that the South lias always voted appropriations for the North with a liberal hand. Look at the harbors and sea-coast of the North, and you will there see evidences enough to attest the liberality of the South, and to prove, that she has never entertained any unkind feelings for that section of the Union. Millions upon miliiona .■